Terms Of Use
These Terms of Use apply to the websites, pages, social media accounts, and applications owned, operated, or controlled by Fantasy Tennis Club LLC (referred to herein as “FTC” “we” or “us” or “our”). These FTC websites, pages, social media accounts, and applications are referred to collectively in these Terms of Use as the “FTC Sites” and each of them individually as an “FTC Site”. These Terms of Use apply to all the websites, pages, social media accounts, and applications where they are posted.
Thank you for visiting this FTC Site please read these Terms of Use carefully before using this FTC Site and any of the FTC Sites. By accessing or using this FTC Site or any of the FTC Sites, you agree to be bound by these Terms of Use and any additional terms and conditions that are referenced below or otherwise may apply to specific areas of each FTC Site.
By accessing, using or simply browsing, you represent to FTC that you have read, understood, and expressly agree to be bound by the terms, conditions, and notices contained or referenced herein, whether you have created an FTC account or whether you simply browse, use, or access an FTC Site. If you do not agree to these Terms of Use, you may not use any of the FTC Sites.
Contests, competitions, and other similar events, collectively referred to herein as “FTC Contests” or individually as an “FTC Contest”, that you enter and participate on an FTC Site may be subject to official rules and/or conditions that are supplemental to these Terms of Use, and which may provide details governing the Contest such as eligibility requirements, entry instructions, deadlines, prize information and restrictions. If you wish to participate in any FTC Contest, please first review the applicable official rules and/or conditions. If an FTC Contest’s official rules and/or conditions conflict with these Terms of Use, the provisions contained in the official rules and/or conditions govern and control the FTC Contest.
We reserve the right to change these Terms of Use at any time. Such changes will be effective when posted, provided that we may only amend the alternative dispute, venue, and time limit of claims provisions to the extent allowed by applicable law. Any changes made to the Terms of Use will only apply prospectively. By continuing to use any of the FTC Sites after any such changes are posted, you represent that you accept the Terms of Use as modified.
Rules of Conduct
There are a few rules of conduct that you are required to follow when you use the FTC Sites. You must not:
· “Harvest” (or collect) information from the FTC Sites using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so). This includes, for example, information about other users of the FTC Sites and information about the offerings, products, services, and promotions available on the FTC Sites;
· Use automated means to access the FTC Sites or gain unauthorized access to the FTC Sites or to any account or computer system connected to the FTC Sites;
· Obtain, or attempt to obtain, access to areas of the FTC Sites or our systems that are not intended for access by you;
· “Flood” the FTC Sites with requests or otherwise overburden, disrupt, or harm the FTC Sites or their systems.
· Circumvent or reverse engineer the FTC Sites or their systems;
· Restrict or inhibit another user or users from using and enjoying the FTC Sites;
· Manipulate or forge identifiers to disguise the origin of any information posted on the FTC Sites or otherwise provided to us, and;
· Impersonate any person, including but not limited to other users.
If you post something to the FTC Sites, such as comments or other content, do not post anything that:
infringes any third-party intellectual property right (such as copyrights),
is defamatory (i.e., something that is negative and untrue about another person or entity),
divulges another person’s or entity’s confidential or private information or trade secret,
is fraudulent, unlawful, threatening, harassing, abusive, obscene, or discriminatory,
encourages criminal conduct,
advertises or solicits business for products or services other than those that are offered and promoted on the FTC Sites, or
contains any virus, malware, spyware, or other harmful content or code.
You also must comply with all applicable laws, rules, regulations, and contractual obligations when you use the FTC Sites.
Ownership of Site Content and Submissions
We own the intellectual property rights in the content and materials displayed on the FTC Sites.
If you submit or post any materials, text, images, video, or content (collectively, “User Generated Content”) to the FTC Sites (including, without limitation, by posting to or tagging FTC’s social media sites or by using a FTC-designated hashtag (e.g., #FantasyTennisClub)), you grant FTC and our affiliates a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sublicenseable, and transferable worldwide license to use, display, print, publish, translate, edit, modify, create derivative works from, combine with other content, and otherwise exploit the User Generated Content, in any and all media for any purpose, including advertising and promotion, without notice, attribution, payment, or consideration. Furthermore, you grant FTC the right to identify you as the author of any of your User Generated Content by name, email address, username, or account name, as FTC deems appropriate.
You certify that you own or otherwise have the right to post the User Generated Content. You also certify that you are the original author or creator of the User Generated Content, and it has not been copied, recreated, reproduced, previously published, derived from or otherwise taken in whole or in part from any other work. Furthermore, you certify that you have all necessary permissions from anyone identified or depicted in the User Generated Content to agree to these terms, and that the FTC’s use of your User Generated Content in accordance with these terms will not violate or infringe upon anyone else’s rights, including intellectual property, privacy, or publicity rights of any third party.
Responsibility for Public Postings and Content
Responsibility for what is posted in public areas of the FTC Sites lies with each user – you alone are responsible for the material you post or otherwise make available in public areas of the FTC Sites. You may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law. You alone are responsible for assessing the credibility of other user postings. We do not control the material that you or others may post or otherwise make available in such areas, and you understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right do so. We are not a publisher of user posts, and we are not responsible for their accuracy or legality.
Although Our Representatives may moderate content, conduct, and Terms of Use compliance on the FTC Sites at our discretion, Our Representatives have no authority to make binding commitments, promises, or representations to anyone that they or anyone else on our behalf will “take care” of any alleged problem or complaint, or that they or anyone else on our behalf will otherwise stop, cure, or prevent any problem, content, conduct, or purported Terms of Use violation from occurring or recurring.
Site Registration and Log In
To access certain features or areas of the FTC Sites, you may be required to register and log in using your username and password, and provide personal information as part of the registration process.
You agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date (this includes your contact information for notices and other communications). The information you submit must describe you, and you may not sell, share, or otherwise transfer your account information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness. You agree that we may take steps to verify the accuracy of information you provide.
You are responsible for all activity occurring when a FTC Site is accessed through your account, whether authorized by you or not. Therefore, if you create an account, you are responsible for taking reasonable steps to maintain the confidentiality of your username and password. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account. We are not liable for any loss or damage arising from your failure to protect your password or account information.
Electronic Communications
The communications between you and us via the FTC Sites use electronic means, whether you visit the FTC Sites or send us an email or we post notices on the FTC Sites or communicate with you via email. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
Changes to the FTC Sites
We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), any FTC Site or any portion of a FTC Site. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance.
Suspension or Termination of Access
We have the right to deny access to, and to suspend or terminate your access to, any FTC Site or to any features or portions of a FTC Site, and to remove and discard any User Generated Content or information you have submitted to the FTC Sites at any time and for any reason including for any violation by you of these Terms of Use.
Applicable Law; No Waiver; Severability
These Terms of Use, and the relationship between you and us, will be governed by the laws of the United States and the State of Texas, without giving effect to any principles of conflicts of law. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, you and we nevertheless agree that the court should endeavor to give effect to intentions as reflected in the provision, and the other provisions of these terms and conditions will remain in full force and effect.
Disclaimer of Warranties
THE FTC SITES AND THEIR CONTENT AND SERVICES ARE PROVIDED FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES. WE PROVIDE THE FTC SITES, INCLUDING ANY RELATED APPLICATION, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT). WE MAKE NO PROMISES THAT:
· THE FTC SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME,
· THE FTC SITES WILL MEET ANY PARTICULAR REQUIREMENTS OR PROVIDE ANY PARTICULAR RESULTS,
· THE INFORMATION ON THE FTC SITES WILL BE ACCURATE OR UP-TO-DATE,
· THE FTC SITES OR THE INFORMATION TRANSMITTED TO OR FROM THE FTC SITES OR STORED ON THE FTC SITES WILL BE SECURE FROM UNAUTHORIZED ACCESS,
· INFORMATION AND MATERIALS THAT YOU STORE IN YOUR ACCOUNT OR ON THE FTC SITES WILL REMAIN RETREIVABLE AND UNCORRUPTED OR
· THE FTC SITES WILL BE UNITERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.
WE LIKEWISE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE FTC SITES. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE FTC SITES ARE PROVIDED “AS IS”.
YOU AGREE THAT USE OF THE FTC SITES IS AT YOUR OWN RISK. ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE FTC SITES IS ACCURATE AND UP-TO-DATE, WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION (INCLUDING PRICING) AT ANY TIME. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, TIMELINESS, PRECISION, THOROUGHNESS, OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE FTC SITES, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE FTC SITES. NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE FTC SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, SUPPORT DOCUMENTATION, BY OUR CUSTOMER SERVICE AND SUPPORT AGENTS, AND OTHERWISE ON THE FTC SITES OR IN CORRESPONDENCE WITH US OR OUR AGENTS. WE ARE NOT RESPONSIBLE FOR ANY USER GENERATED CONTENT, INFORMATION, OR MATERIALS POSTED TO THE FTC SITES BY USERS, NOR FOR DISPUTES BETWEEN USERS OR BETWEEN USERS AND THIRD PARTIES.
Limitations of Liability
IF YOU ARE DISSATISFIED WITH THE FTC SITES, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE FTC SITES, OR WITH ANY OF THE FTC SITES’S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FTC SITES.
IN NO EVENT WILL FTC, OUR MEMBERS, OR ANY OF OUR EMPLOYEES BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES) ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE FTC SITES (OR THE CONTENT, MATERIALS, AND FUNCTIONS PROVIDED AS PART OF THE FTC SITES), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF WE KNEW, SHOULD HAVE KNOWN, OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Other
These Terms of Use, together with any additional terms and conditions that are referenced herein or otherwise may apply to specific areas of the FTC Sites, including any official rules and/or conditions applicable to an FTC Contest, constitute the entire agreement between us and you with respect to the FTC Sites. This agreement is personal to you and you may not assign it to anyone.
If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. These Terms of Use are not intended to benefit any third party and do not create any third-party beneficiaries. Accordingly, these Terms of Use may only be invoked or enforced by you or us.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THE FTC SITES OR THESE TERMS OF USE MUST BE FILED BY YOU WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUED OR BE PERMANENTLY BARRED.
Notices
Communications can be sent by U.S. Mail or email to:
13707 Harrison Hill CT Houston TX 77077
Email: admin@fantasytennis.club
Please include the following information in your written notice:
your contact information, including your address, telephone number, and, if available, email address;
a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not lawful.